In many cases in erstwhile periods, acquisitions au The Treasury of the buildingThis was done by common courts. This means, from the point of view, that recovering the property in this way will be difficult.
The first obstacle is to make certain that the case can be recognized in substance. Even if we do, we gotta decide if there's always been a sitting. For example, in 70 years, the court stated that this sitting had taken place. Thus, there were reasons for sitting.
Even if the erstwhile decision of the court can be eliminated, the facts of the case indicate that since e.g. 50 years the Treasury has been dealing with real estate, collecting rent, repairing. Thus, it could be regarded as an arbitrary holder and consequently lead to sitting. The ultimate Court in resolution III CZP 30/07 stated that it could but could not have happened at the same time meetings in the times of the Polish People's Republic. Despite the content of the operative part of the ultimate Court resolution, in fact, the courts state that there has been a sitting for the Treasury.
The basis for this is 1 conviction drawn from the content of the message of reasons for this resolution, indicating that the erstwhile owner must show that they were e.g. political repression or others who have prevented the Court of First Instance. As the case law of the NS points out, it is thus decided against the erstwhile owners of their case. This is despite the fact that the said resolution simply states that the court cannot act automatically and must examine the case comprehensively.
In my opinion, the content of this resolution has been misinterpreted by the courts, which attribute large sense to this 1 conviction and require the erstwhile owners to confirm that, for example, they were political prisoners. In fact , the wording of this resolution is interpreted as meaning that until 1990 there was no state of suspension of justice and so the period of possession until that time is added to the period of possession of the State Treasury .
Meanwhile, the wording of the resolution says the opposite.
